Hello, I am considering purchasing a "California Release of Accident Claims" form from findlegalforms.com and would like to know if this is the correct form for what I need.
Here is the situation: a worker on my job-site was injured during labor(broke his nose while framing an apartment unit). We have agreed that I will pay $5,000.00 of his medical expenses, and he will pay the remainder (and that after that we will be settled). I want to make sure that, after paying, I will not be held legally accountable for any further payment (I am concerned that after paying he may try to get more money from me, or sue me). Will this form prove our agreement and absolve me of further liability?
2 Answers from Attorneys
If your employee was injured on the job and you did not have worker's compensation insurance, I strongly advise you to consult with an employment law attorney rather than buying a form. Your employee may be able to sue you for negligence and seek damages for ALL related medical bills, lost wages and pain and suffering, etc. If your worker is agreeing to settle, make sure you have a contract that is not going to open any doors to a lawsuit later.
Unfortunately, probably not in this case, unless the worker was an independent contractor.. and, even then, likely not. As this is a workers comp case and not a personal injury case, there is a whole set of other rules to comply with. A Workers Compensation Judge will have to review any settlement, and settlements under work comp do not use general releases like you are intending to purchase.